Frequently Asked Questions

More Than 28 Years Serving the Bay Area

If you have been charged with a crime, you most likely have at least several
questions and concerns about your situation and future. Don’t worry!
At the Law Office of Shelley D. Dwyer, our
criminal defense lawyer in the Bay Area has more than 28 years of legal experience and
we can answer all your questions and address all your concerns. On this
page, we answered several of the most common questions our clients ask
us and hopefully your questions are on here as well. If they are not,
feel free to contact us today and schedule a completely free consultation
where our attorney will answer your questions and provide you with well-informed
legal counsel.

To have your questions answered and to schedule your free consultation,
please either call us today at (650) 419-2940 or contact us online.
Call now and speak with our knowledgeable criminal defense lawyer in the Bay Area.

Do I Need to Hire an Attorney if I Plan on Pleading Guilty?

Regardless of how you plan to plead your case, it is always highly recommended
that you have skilled legal representation protecting your rights in court.
An experienced attorney can protect your rights and ensure that the prosecution
does not treat you unfairly or even illegally. With a lawyer at your side,
the prosecution may be open to minimizing your charges or eliminating
them completely. So, while it is not legally required to have a lawyer
representing you, it is always a good idea.

What Should I Do after I am Arrested?

If you are arrested, you should be aware of your first amendment rights
and that you have the right to remain silent. It is recommended that you
do not say anything to any police officers before you speak with your
attorney. This is because whatever you say to them, they can use against
you to potentially increase the charges against you and punish you even
more severely. You should comply with them and treat them with respect
but you do not have to speak to them, regardless of what they say. Call
(650) 419-2940 for experienced and aggressive legal representation to
protect your rights and fight for your freedom.

If I was Pulled Over for an Alleged DUI, Can I Refuse a Chemical Test?

If you were pulled over under suspicion of being drunk or under the influence
of drugs, you should not refuse a chemical test. A chemical test is either
a blood test, breathalyzer test, or urine test. If you refuse to take
any of these three tests, it will result in an automatic one-year suspension
of your driver’s license and also possibly a jail sentence. You
do not, however, have to perform field sobriety tests, such as walking
in a straight line. Field sobriety tests are voluntary and subjective.
Moreover, many drivers who are pulled over are nervous due to the fact
that police are suspecting them and they may mess up the field sobriety
tests even if they are completely sober.

Am I Required to Let Law Enforcement Search My Car or House?

No. You never have to consent to a police search. In general, it is not
a good idea to have the police search your property because whatever they
find they will try to use against you in court. Even if they don’t
find anything from a search that you consented to, they may just assume
that you hid whatever they were looking for. The police may attempt to
detain you while they obtain a search warrant but don’t be intimidated.
They may also attempt to search your home without a warrant, but they
can only do so if they have probable cause. If you believe your car, home,
or property was searched illegally, contact a skilled and aggressive criminal
defense lawyer in the Bay Area today at (650) 419-2940.

Do Law Enforcement Officer Have to Read Me My Rights?

No. They are not legally required to read you your rights but if you are
arrested and they do not read your Miranda rights to you, anything they
ask you afterward is considered null and void in the eyes of the court.
Regardless of where they interrogate you, if your rights have not been
read to you, anything you say cannot be used as evidence against you in
your case. It is still highly recommended that you do not say anything
to them at all until you have spoken with your criminal defense attorney first.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.